Legal Question in Civil Rights Law in Pennsylvania

divorce agreement

I'm recently divorced and upon signing the final papers my ex-wife and I settled for a divorce agreement. This was basically broken down to money she thought was due to her after the divorce. Recently I have missed a due date for payment and she filed a civil action against me. I have been adviced to stop paying her due to her demeanor and the harassment she is causing. I was also told if I don't show up for the hearing the will enter judgement for her. After this if I still don't pay her she can put a lein on my name. This would mean that if i would ever sell anything of value she would recieve her money. I guess my question is; What is the worse case scenario if I choose to stop paying her and not show up for the civil hearing. I am currently keeping my head above water with all my other bills. I pay the ones that effect my credit first.


Asked on 1/09/08, 6:39 pm

1 Answer from Attorneys

Maxwell S. Kennerly The Beasley Firm

Re: divorce agreement

There are very few situations in which it makes sense to skip a court hearing. Your situation does not sound like one of them.

Perhaps she is harassing you. Perhaps she is not holding up her end of the bargain. I'm sure there are a lot of facts that would support your side of the story.

But if you don't show up, there is no way for the court to know your side of the story. In fact, all the court will hear is that you are a deadbeat who refuses to pay what you previously agreed to pay.

Based on what you wrote, I'm assuming you cannot afford to hire attorney. If you can, do so, and do so immediately. If you can't, please, please, please don't ignore the hearing. Odds are, if you go, the judge will be unhappy that you chose to stop paying without coming to the court first, but the judge will also take the time to discuss with you both your ex-wife's harassment and your financial situation to allow you both to come to a resolution that works.

There are few guarantees in the law, but I can guarantee you that if you do not show you will regret it later. Most likely, the court will enter a judgment against you, possibly for the entire amount due under the agreement (and not merely for the missed payment), which your ex-wife will probably take directly to the sheriff for execution.

The type of lien you referred to in your post is a specific type of lien called a "mechanic's lien," where a third party gets part of the proceeds from the sale of a given piece of property. As you can guess, it normally applies where mechanics who perform work on a vehicle and the customer refuses to pay. In your case, the court will likely enter a regular lien, which the sheriff can execute by seizing any of your property of sufficient value and selling it at a sheriff's sale. Most likely, that will be your car, which will be seized, sold, and used to pay off the judgment. If you don't have a car, it will be enough of your personal property to satisfy the judgment.

You have legal rights! Don't be a fool and waive them by not showing up. Finally, just so you know, my understanding is that credit reports include judgments on them, and most creditors frown upon such judgments.

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Answered on 1/10/08, 11:44 am


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